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Crossley Holdings Limited v. Director of Public Prosecutions,Ethics and Anti-Corruption Commission & Miwani Sugar Company (1989) Limited

(2015) JELR 103023 (CA)

Court of Appeal  •  Civil Application 68 of 2014 (UR No. 47/14)  •  5 Feb 2015  •  Kenya

Coram
David Kenani Maraga, Festus Azangalala, Sankale ole Kantai

Judgement

RULING OF THE COURT

1. On 15th January, 2010, the Ethics and Anti-Corruption Commission (the Commission) published its fourth quarterly report for the year 2009 covering the period of 4th October, 2009 to 31st December, 2009 in Kenya Gazette Notice No.353 of2010. The relevant portion of that Gazette Notice alleged that in a purported execution of a court decree, Crossley Holdings Limited (the applicant) fraudulently acquired the ownership of a public piece of land comprising 9,394 acres and valued over Kes. 2 billion belonging to Miwani Sugar Company (1989) Limited [in receivership].Pursuant to the Commission's recommendation based on that report, the Attorney General instructed the Director of Public Prosecutions (DPP) to charge a number of personalities including the applicant and its directors for various offences.

2. In its notice of motion dated 23rd October, 2014, the applicant alleged, inter alia, that having already been condemned unheard, it was unlikely to get a fair trial. It…

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